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FA/2504/2001 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2504 of 2001
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment?No
2
To
be referred to the Reporter or not ? No
3
Whether
their Lordships wish to see the fair copy of the judgment?No
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder? No
5
Whether
it is to be circulated to the civil judge?No
=========================================
KHATUBHAI
SAMJI THACKER & ANR
Versus
KANA
MANAND AYAR & ORS
=========================================
Appearance :
MR
MEHUL S SHAH WITH MR
SURESH M SHAH for Appellants
DELETED for Respondent No.1
NOTICE
SERVED for Respondent No. 2
MR VIBHUTI NANAVATI for Respondent No.
3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 29/09/2010
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 Challenge
in the instant Appeal filed under Section 173 of the Motor Vehicles
Act, 1973 (“the M.V. Act” for short) is to the
correctness of the judgment and award dated 27th
September, 2000, rendered in MACP No.864 of 1999 by the MACT
(Main), Kachchh at Bhuj, by which the application filed below
Exhibit-6 by the appellants (`claimants’ for short) under Section
163-A of the M.V. Act for getting compensation on structured formula
basis has been allowed and thereby the claimants are awarded
compensation of Rs. 5,11,200/- with running interest at the rate of
12% per annum from the date of application till the realization of
the amount and accordingly the respondent No.3 – National Assurance
Co. Limited is directed to pay the said amount.
2 At
the time of hearing of this Appeal, Mr. Mehul S. Shah, learned
Advocate for the claimants, upon instructions received from the
claimants, submitted that, the claimants are withdrawing the main
claim petition, being Motor Accident Claim Petition No.864 of 1999
filed by them, under Section 166 of the M.V. Act, which is pending
for adjudication before the Motor Accident Claims Tribunal (Main),
Kachchh at Bhuj, unconditionally, treating the award passed below
Application – Exhibit-6 under Section 163-A of the M.V. Act,
which is impugned in the instant Appeal, as final award. He,
therefore, seeks leave to withdraw this Appeal unconditionally and
also the main claim petition, being Motor Accident Claim Petition
No. 864 of 1999 filed by them under Section 166 of the M.V. Act,
which is pending for adjudication before the Motor Accident Claims
Tribunal (Main), Kachchh at Bhuj, unconditionally. He, therefore,
urges to pass an appropriate order in this regard.
3 Mr.
Vibhuti Nanavati, learned Advocate for the respondent No.3 –
National Assurance Company Limited, has no objection, if leave as
prayed for is granted.
4 Hence,
the leave to withdraw the appeal is granted.
5 Resultantly,
intant Appeal stands disposed of as it is withdrawn with no order as
to costs.
6 As
a consequence thereof, the Award, which is impugned in this Appeal
is treated as a final award passed under Section 166 of the M.V. Act
and the claim petition, being Motor Accident Clam Petition No. 864
of 1999, which is pending for adjudication before the Motor Accident
Claims Tribunal, Kachchh at Bhuj, shall be treated as disposed of.
7 Registry
is directed to send a copy of this judgment and order along with
Writ to the Motor Accident Claims Tribunal, Kachchh at Bhuj,
forthwith, for due compliance.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
pnnair
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